Texas 2009 - 81st Regular

Texas Senate Bill SB1368 Compare Versions

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1	1	S.B. No. 1368
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of a county ethics commission in certain
6	6	counties; providing civil and criminal penalties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle B, Title 5, Local Government Code, is
9	9	amended by adding Chapter 161 to read as follows:
10	10	CHAPTER 161. COUNTY ETHICS COMMISSION IN CERTAIN COUNTIES
11	11	SUBCHAPTER A. GENERAL PROVISIONS
12	12	Sec. 161.001. APPLICABILITY OF CHAPTER. This chapter
13	13	applies only to a county that:
14	14	(1) has a population of 650,000 or more;
15	15	(2) is located on the international border; and
16	16	(3) before September 1, 2009, had a county ethics
17	17	board appointed by the commissioners court.
18	18	Sec. 161.002. DEFINITIONS. In this chapter:
19	19	(1) "Commission" means a county ethics commission
20	20	created under this chapter.
21	21	(2) "Commission staff" means county employees
22	22	assigned to provide administrative support to the commission.
23	23	(3) "Communicates directly with" has the meaning
24	24	assigned by Section 305.002, Government Code.
25	25	(4) "County affiliate" means a person described and
26	26	determined by order of the commissioners court on recommendation of
27	27	the commission. As determined by the commissioners court, the term
28	28	includes:
29	29	(A) any person whose goods and services are
30	30	purchased under the terms of a purchase order or contractual
31	31	agreement with the county; and
32	32	(B) as determined by the county, any other
33	33	persons doing business with the county.
34	34	(5) "County employee" means a person employed by the
35	35	county or a county officer and includes a person employed in the
36	36	judicial branch of the county government who is not subject to the
37	37	Code of Judicial Conduct. The term does not include a county
38	38	officer.
39	39	(6) "County office" means a position held by a county
40	40	officer.
41	41	(7) "County officer" means a county judge, county
42	42	commissioner, county attorney, sheriff, county tax
43	43	assessor-collector, county clerk, district clerk, county
44	44	treasurer, county auditor, county purchasing agent, and constable.
45	45	(8) "County public servant" means a person elected,
46	46	selected, appointed, employed, or otherwise designated as one of
47	47	the following, even if the person has not yet qualified for or
48	48	assumed the duties of office:
49	49	(A) a county officer or county employee;
50	50	(B) a person appointed by the commissioners court
51	51	or a county officer to a position on one of the following, whether
52	52	the position is compensated or not:
53	53	(i) an authority, board, bureau,
54	54	commission, committee, council, department, district, division, or
55	55	office of the county; or
56	56	(ii) a multi-jurisdictional board;
57	57	(C) an attorney at law or notary public when
58	58	participating in the performance of a governmental function;
59	59	(D) a candidate for nomination or election to an
60	60	elected county office; or
61	61	(E) a person who is performing a governmental
62	62	function under a claim of right although the person is not legally
63	63	qualified or authorized to do so.
64	64	(9) "Lobbyist" means a person who, for compensation in
65	65	excess of an amount established by the commission, communicates
66	66	directly with a county officer or county employee to influence
67	67	official action. The term does not include an attorney who
68	68	communicates directly with a county officer or county employee to
69	69	the extent that such communication relates to the attorney's
70	70	representation of a party in a civil or criminal proceeding.
71	71	Sec. 161.003. CONFLICT WITH CIVIL SERVICE AGREEMENT.
72	72	(a) This chapter may not be construed to affect:
73	73	(1) the terms of an agreement authorized by Chapter
74	74	174 between the county and county employees; or
75	75	(2) any provision of a civil service statute
76	76	applicable to a county employee.
77	77	(b) If an agreement authorized by Chapter 174 or a civil
78	78	service statute applicable to a county employee conflicts with this
79	79	chapter or an ethics code adopted or enforced under this chapter,
80	80	the agreement or civil service statute prevails.
81	81	[Sections 161.004-161.050 reserved for expansion]
82	82	SUBCHAPTER B. CREATION OF COMMISSION; APPOINTMENT OF COMMISSION
83	83	MEMBERS
84	84	Sec. 161.051. CREATION OF COMMISSION BY ORDER. (a) The
85	85	commissioners court of a county, by an order adopted by a majority
86	86	of the court's full membership, may create a county ethics
87	87	commission.
88	88	(b) A copy of an order adopted under this section shall be
89	89	placed in the minutes of the court's proceedings. The copy of the
90	90	order is public information.
91	91	Sec. 161.052. CREATION OF COMMISSION BY ELECTION. (a) A
92	92	county ethics commission may be created by approval of the system by
93	93	a majority of the qualified voters of the county voting at an
94	94	election called for that purpose.
95	95	(b) The commissioners court by order may call an election on
96	96	the question of the creation of a county ethics commission.
97	97	(c) The commissioners court shall hold the election called
98	98	under this section on the first authorized uniform election date
99	99	prescribed by Chapter 41, Election Code, that allows sufficient
100	100	time for publication of the notice required by Subsection (d) and
101	101	for compliance with any other requirements established by law.
102	102	(d) In addition to the notice required by Chapter 4,
103	103	Election Code, the commissioners court must publish in a newspaper
104	104	of general circulation in the county, and on the home page of the
105	105	county's Internet website, a substantial copy of the order calling
106	106	the election. The first newspaper publication must be made on or
107	107	before the 15th day before the date of the election and continue
108	108	once a week for two consecutive weeks, and the notice on the
109	109	county's Internet website shall remain on the home page each day
110	110	beginning not later than the 16th day before the election and ending
111	111	on the date of the election.
112	112	Sec. 161.053. BALLOT. The commissioners court shall order
113	113	the ballot at the election to be printed to provide for voting for
114	114	or against the proposition: "Creation of a county ethics
115	115	commission."
116	116	Sec. 161.054. RESULT OF ELECTION. If the proposition is
117	117	approved, the commissioners court shall declare the result and by
118	118	order create the county ethics commission. A copy of the order
119	119	creating the commission shall be placed in the minutes of the
120	120	court's proceedings.
121	121	Sec. 161.055. APPOINTMENT OF COMMISSION. (a) The
122	122	commission is composed of:
123	123	(1) five members, each of whom is appointed by the
124	124	county judge or a county commissioner; and
125	125	(2) five members appointed by the commissioners court,
126	126	with one member appointed from a list of nominees submitted by each
127	127	of the following entities:
128	128	(A) the county civil service commission;
129	129	(B) a bar association in the county;
130	130	(C) the sheriff's civil service commission;
131	131	(D) a dispute resolution center in the county
132	132	that is affiliated with a council of governments; and
133	133	(E) a human resources management association in
134	134	the county.
135	135	(a-1) The commissioners court shall designate the entities
136	136	described by Subsections (a)(2)(B), (D), and (E) that may submit
137	137	nominees for membership on the commission. If a designated entity
138	138	does not wish to submit nominees, the commissioners court shall
139	139	select a similar entity that has experience with grievance or
140	140	mediation structures or processes.
141	141	(b) Not later than the 60th day after the date of the order
142	142	creating the commission as provided in Section 161.051 or Section
143	143	161.054:
144	144	(1) the county judge and each county commissioner
145	145	shall each appoint one member of the commission; and
146	146	(2) each entity described by Subsection (a)(2) or
147	147	alternate entity designated under Subsection (a-1) shall deliver to
148	148	the commissioners court the entity's nominees for membership on the
149	149	commission.
150	150	(c) The commissioners court shall set the date for the first
151	151	meeting of the initial members. The first meeting must be set not
152	152	earlier than the 60th day after the date of the order creating the
153	153	commission and not later than the 90th day after the date of that
154	154	order.
155	155	Sec. 161.056. ELIGIBILITY. (a) To be eligible for
156	156	appointment to the commission, a person must:
157	157	(1) be at least 18 years old;
158	158	(2) be a property taxpayer in the county; and
159	159	(3) have resided in the county for the two years
160	160	immediately preceding the date on which the person's term will
161	161	begin.
162	162	(b) A person is not eligible for appointment to the
163	163	commission if the person is:
164	164	(1) an elected officer;
165	165	(2) a county employee;
166	166	(3) a county affiliate;
167	167	(4) a person employed as a lobbyist;
168	168	(5) a person convicted of a misdemeanor involving
169	169	moral turpitude or a felony; or
170	170	(6) a person who is delinquent in payment of local,
171	171	state, or federal taxes.
172	172	Sec. 161.057. TERMS. (a) Members of the commission serve
173	173	terms of two years beginning on February 1 of each odd-numbered
174	174	year.
175	175	(b) A member may serve more than one term.
176	176	Sec. 161.058. VACANCIES. (a) A vacancy on the commission
177	177	shall be filled for the remainder of the unexpired term as follows:
178	178	(1) if the vacancy involves a member appointed by the
179	179	county judge or a county commissioner, the vacancy is filled,
180	180	except as provided by Subsection (b), by appointment of that
181	181	officer or the officer's successor in office; or
182	182	(2) if the vacancy involves a member appointed under
183	183	Section 161.055(a)(2), the vacancy is filled as provided by that
184	184	section for an appointment to a full term.
185	185	(b) If the county judge or county commissioner, as
186	186	applicable, does not fill the vacancy before the 60th day after the
187	187	date the position becomes vacant, the commission may fill the
188	188	vacancy by a majority vote of the remaining members.
189	189	Sec. 161.059. MEETINGS. (a) The commission shall meet on
190	190	a regular basis.
191	191	(b) The commission is a governmental body for purposes of
192	192	Chapter 551, Government Code.
193	193	(c) Except as otherwise provided by this chapter, a majority
194	194	of the commission constitutes a quorum.
195	195	Sec. 161.0591. CHAIR. (a) The position of chair
196	196	alternates every six months between members appointed under Section
197	197	161.055(a)(1) and members appointed under Section 161.055(a)(2)
198	198	and rotates so that each position on the commission serves as chair,
199	199	as follows:
200	200	(1) the rotation of members appointed under Section
201	201	161.055(a)(1) begins with the member appointed by the county judge,
202	202	followed by the members appointed by the county commissioners in
203	203	order of precinct number; and
204	204	(2) the rotation of members appointed under Section
205	205	161.055(a)(2) begins with the member appointed under Section
206	206	161.055(a)(2)(A), followed by the members appointed under Sections
207	207	161.055(a)(2)(B), (C), (D), and (E) in that order.
208	208	(b) The member serving as chair may not vote on a matter
209	209	before the commission except to break a tie vote.
210	210	Sec. 161.060. REMOVAL OF COMMISSION MEMBER. A member of the
211	211	commission is a county officer described by Section 87.012(15) and
212	212	may be removed as provided by Chapter 87 if, after a trial, the jury
213	213	finds good cause for removal, including:
214	214	(1) failure to pay local, state, or federal taxes when
215	215	due;
216	216	(2) violation of the ethics code adopted by the
217	217	commission;
218	218	(3) conviction of a felony or misdemeanor;
219	219	(4) excessive absenteeism as determined by the
220	220	commission; and
221	221	(5) official misconduct.
222	222	Sec. 161.061. LEGAL REPRESENTATION. The county attorney,
223	223	or district attorney, or criminal district attorney, as
224	224	appropriate, with the duty to represent the county in civil matters
225	225	shall represent the commission in all legal matters.
226	226	[Sections 161.062-161.100 reserved for expansion]
227	227	SUBCHAPTER C. POWERS
228	228	Sec. 161.101. GENERAL POWERS. (a) The commission shall
229	229	adopt, publish, and enforce an ethics code governing county public
230	230	servants.
231	231	(b) The commission may adopt or use as a guide any ethics law
232	232	or rule of the United States, this state, or a political subdivision
233	233	in this state to the extent that the law or rule promotes the
234	234	purposes of this chapter and serves the needs of the county. For
235	235	purposes of Section 161.002(9), in determining the applicable
236	236	amount of compensation of a person who communicates directly with a
237	237	county officer or employee to influence official action and engages
238	238	in such communication as part of the person's regular employment,
239	239	the commission shall adopt rules that are substantially similar to
240	240	the rules or interpretations of the Texas Ethics Commission under
241	241	Chapter 305, Government Code, to calculate the compensation.
242	242	(c) The commission may adopt bylaws, rules, forms,
243	243	policies, or procedures to assist in the administration of the
244	244	commission's duties under this chapter. The commission may be
245	245	guided by Robert's Rules of Order to the extent that it does not
246	246	conflict with the constitution and laws of the United States and
247	247	this state or conflict with other guidelines adopted by the
248	248	commission.
249	249	(d) The commission shall be assigned staff by the county and
250	250	provided access to county resources to assist in its duties.
251	251	(e) The commission shall develop and implement policies
252	252	that provide the public with information on the commission and the
253	253	ethics code.
254	254	(f) The commission shall enforce the provisions of the
255	255	ethics code by issuing appropriate orders or recommendations or by
256	256	imposing appropriate penalties.
257	257	Sec. 161.102. ADVISORY OPINIONS. On the request of any
258	258	person covered by the ethics code adopted by the commission, the
259	259	commission may issue a written ethics advisory opinion regarding
260	260	the application of the ethics code to a specified existing or
261	261	hypothetical factual situation. The commission may not issue an
262	262	opinion that includes the name of any person who may be affected by
263	263	the opinion. The name of the person requesting the opinion shall be
264	264	deemed confidential.
265	265	Sec. 161.103. PUBLIC INTEREST INFORMATION. (a) The
266	266	commission shall develop plain-language materials as described by
267	267	this section. The commission shall post the information on the
268	268	county's Internet website and make the information otherwise
269	269	available to the public.
270	270	(b) The materials must include:
271	271	(1) a description of:
272	272	(A) the commission's responsibilities;
273	273	(B) the types of conduct that constitute a
274	274	violation of the ethics code adopted by the commission;
275	275	(C) the types of sanctions the commission may
276	276	impose;
277	277	(D) the commission's policies and procedures
278	278	relating to complaint investigation and resolution; and
279	279	(E) the duties of a person filing a complaint
280	280	with the commission; and
281	281	(2) a diagram showing the basic steps in the
282	282	commission's procedures relating to complaint investigation and
283	283	resolution.
284	284	(c) The commission shall provide the materials described by
285	285	this section to each complainant and respondent.
286	286	(d) The commission shall adopt a policy to effectively
287	287	distribute materials as required by this section.
288	288	Sec. 161.104. COMMISSION MEMBER EDUCATION AND TRAINING.
289	289	(a) Not later than the 60th day after the date a person is
290	290	appointed to the commission, the person must complete training on
291	291	the following matters:
292	292	(1) the legislation that created the commission;
293	293	(2) the role and functions of the commission; and
294	294	(3) the requirements of:
295	295	(A) the open meetings law, Chapter 551,
296	296	Government Code;
297	297	(B) the public information law, Chapter 552,
298	298	Government Code; and
299	299	(C) other laws relating to public officials,
300	300	including conflict-of-interest laws.
301	301	(b) A member of the commission must complete subsequent
302	302	training programs on the following matters:
303	303	(1) the ethics code adopted by the commission; and
304	304	(2) the procedural rules adopted by the commission.
305	305	(c) A person who is appointed to and qualifies for office as
306	306	a member of the commission may not vote, deliberate, or be counted
307	307	as a member in attendance at a meeting of the commission until the
308	308	person completes a training program that complies with this
309	309	section.
310	310	Sec. 161.105. EDUCATION AND TRAINING FOR PERSONS COVERED BY
311	311	ETHICS CODE. (a) The commission and commission staff shall
312	312	provide periodic training for persons covered by the ethics code
313	313	adopted by the commission on at least a quarterly basis.
314	314	(b) The training program must provide information
315	315	regarding:
316	316	(1) the ethics code;
317	317	(2) the role and functions of the commission; and
318	318	(3) plain-language materials as further described by
319	319	Section 161.103.
320	320	(c) In addition to the qualifications under Subchapter C,
321	321	Chapter 262, before submitting a bid, responding to a request for
322	322	qualifications or proposals, or otherwise contracting with the
323	323	county, an officer, principal, or other person with the authority
324	324	to bind the vendor shall complete training on the ethics code.
325	325	(d) A lobbyist intending to meet with a person covered by
326	326	the ethics code shall complete training on the ethics code.
327	327	Sec. 161.106. CERTAIN DISCUSSIONS OF PENDING COMPLAINTS
328	328	PROHIBITED. Until a sworn complaint alleging a violation of the
329	329	ethics code is resolved, a member of the commission may not discuss
330	330	the complaint with a member of the commissioners court.
331	331	[Sections 161.107-161.150 reserved for expansion]
332	332	SUBCHAPTER D. COMPLAINT PROCEDURES AND HEARINGS
333	333	Sec. 161.151. DEFINITIONS. In this subchapter:
334	334	(1) "Category One violation" means a violation of the
335	335	ethics code adopted by the commission as to which it is generally
336	336	not difficult to ascertain whether the violation occurred or did
337	337	not occur, including:
338	338	(A) the failure by a person required to file a
339	339	statement or report required under the ethics code to:
340	340	(i) file the statement or report in a manner
341	341	that complies with applicable requirements; or
342	342	(ii) file the statement or report in a
343	343	timely manner;
344	344	(B) a misrepresentation in a report required
345	345	under the ethics code; or
346	346	(C) a failure to respond in a timely manner to a
347	347	written notice under Section 161.156(b).
348	348	(2) "Category Two violation" means a violation of the
349	349	ethics code adopted by the commission that is not a Category One
350	350	violation.
351	351	Sec. 161.152. COMPLAINT PROCEDURES AND HEARINGS. The
352	352	commission shall adopt the complaint procedures and hearings set
353	353	forth in this subchapter. The commission may adopt additional
354	354	procedures not in conflict with this subchapter.
355	355	Sec. 161.153. HEARINGS AND SETTLEMENT. (a) The commission
356	356	may:
357	357	(1) hold a hearing on a sworn complaint and render a
358	358	decision on a complaint or report of a violation as provided by this
359	359	chapter; and
360	360	(2) agree to the settlement of issues.
361	361	(b) The commission may not:
362	362	(1) consider a complaint or vote to investigate a
363	363	matter outside the commission's jurisdiction; or
364	364	(2) investigate any matter except in response to a
365	365	sworn complaint.
366	366	Sec. 161.154. CATEGORIZATION OF VIOLATIONS. An allegation
367	367	of a violation listed as a Category One violation shall be treated
368	368	as a Category Two violation if the commission at any time determines
369	369	that:
370	370	(1) the allegation arises out of the same set of facts
371	371	as those that give rise to an allegation of a Category Two
372	372	violation, and the interests of justice or efficiency require
373	373	resolution of the allegations together; or
374	374	(2) the facts and law related to a particular
375	375	allegation or a defense to the allegation present a level of
376	376	complexity that prevents resolution through the preliminary review
377	377	procedures for Category One violations prescribed by Section
378	378	161.159(a).
379	379	Sec. 161.155. FILING OF COMPLAINT; CONTENTS. (a) An
380	380	individual may file with the commission a sworn complaint, on a form
381	381	prescribed by the commission, alleging that a person subject to the
382	382	ethics code has violated the ethics code. The commission shall make
383	383	the complaint form available on the county website.
384	384	(b) A complaint filed under this section must be in writing
385	385	and under oath and must set forth in simple, concise, and direct
386	386	statements:
387	387	(1) the name of the complainant;
388	388	(2) the street or mailing address of the complainant;
389	389	(3) the name of each respondent;
390	390	(4) the position or title of each respondent;
391	391	(5) the nature of the alleged violation, including if
392	392	possible the specific rule or provision of the ethics code alleged
393	393	to have been violated;
394	394	(6) a statement of the facts constituting the alleged
395	395	violation and the dates on which or period of time in which the
396	396	alleged violation occurred; and
397	397	(7) all documents or other material available to the
398	398	complainant that are relevant to the allegation, a list of all
399	399	documents or other material within the knowledge of the complainant
400	400	and available to the complainant that are relevant to the
401	401	allegation but that are not in the possession of the complainant,
402	402	including the location of the documents, if known, and a list of all
403	403	documents or other material within the knowledge of the complainant
404	404	that are unavailable to the complainant and that are relevant to the
405	405	complaint, including the location of the documents, if known.
406	406	(c) The complaint must be accompanied by an affidavit
407	407	stating either that the information contained in the complaint is
408	408	correct or that the complainant has good reason to believe and does
409	409	believe that the violation occurred. If the complaint is based on
410	410	information and belief, the complaint shall state the source and
411	411	basis of the information and belief. The complainant may swear to
412	412	the facts by oath before a notary public or other authorized
413	413	official.
414	414	(d) The complaint must state on its face an allegation that,
415	415	if true, constitutes a violation of the ethics code.
416	416	Sec. 161.1551. STANDING PRELIMINARY REVIEW COMMITTEE.
417	417	(a) The standing preliminary review committee shall perform the
418	418	actions prescribed by this subchapter in conducting a preliminary
419	419	review of each sworn complaint filed with the commission.
420	420	(b) The standing preliminary review committee consists of:
421	421	(1) two members of the commission, determined as
422	422	provided by Subsection (c); and
423	423	(2) a review officer selected and retained by the
424	424	commission.
425	425	(c) The initial standing preliminary review committee
426	426	consists of one commission member, chosen by lot, from the members
427	427	of the commission appointed under Section 161.055(a)(1), and one
428	428	commission member, chosen by lot, from the members appointed under
429	429	Section 161.055(a)(2).
430	430	(d) A commission member serves on the standing preliminary
431	431	review committee for six months. After the end of a commission
432	432	member term on the standing preliminary review committee, service
433	433	on the committee rotates as provided by Section 161.0591 for the
434	434	rotation of the chair, except that the rotation begins with the
435	435	initial members of the standing preliminary review committee chosen
436	436	under Subsection (c).
437	437	(e) The review officer must be a practicing attorney or
438	438	former judge.
439	439	Sec. 161.156. PROCESSING OF COMPLAINT. (a) The standing
440	440	preliminary review committee shall determine whether a sworn
441	441	complaint filed with the commission complies with the form
442	442	requirements of Section 161.155.
443	443	(b) Not later than the 10th business day after the date a
444	444	complaint is filed, the standing preliminary review committee shall
445	445	send written notice to the complainant and the respondent. The
446	446	notice must state whether the complaint complies with the form
447	447	requirements of Section 161.155 and include the information
448	448	required by Section 161.158(c).
449	449	(c) If the standing preliminary review committee determines
450	450	that the complaint does not comply with the form requirements, the
451	451	committee shall send the complaint to the complainant with the
452	452	written notice, a statement explaining how the complaint fails to
453	453	comply, and a copy of the rules for filing sworn complaints. The
454	454	complainant may resubmit the complaint not later than the 21st day
455	455	after the date the notice under Subsection (b) is mailed. If the
456	456	standing preliminary review committee determines that the
457	457	complaint is not resubmitted within the 21-day period, the
458	458	committee shall:
459	459	(1) dismiss the complaint; and
460	460	(2) not later than the 10th business day after the date
461	461	of the dismissal, send written notice to the complainant and the
462	462	respondent of the dismissal and the grounds for dismissal.
463	463	(d) If the standing preliminary review committee determines
464	464	that a complaint is resubmitted under Subsection (c) within the
465	465	21-day period but is not in proper form, the committee shall send
466	466	the notice required under Subsection (c), and the complainant may
467	467	resubmit the complaint under that subsection.
468	468	(e) If the standing preliminary review committee determines
469	469	that a complaint returned to the complainant under Subsection (c)
470	470	or (d) is resubmitted within the 21-day period and that the
471	471	complaint complies with the form requirements, the committee shall
472	472	send the written notice under Subsection (b).
473	473	(f) If a complaint filed with the commission is within the
474	474	jurisdiction of the commission but may also be brought under the
475	475	provisions of a collective bargaining agreement authorized by
476	476	Chapter 174, a civil service rule under Section 158.0025, or a rule
477	477	of the sheriff's department, the commission shall defer
478	478	jurisdiction over the complaint to the sheriff for disposition.
479	479	The sheriff may return a complaint deferred under this subsection
480	480	to the commission for additional proceedings as the commission
481	481	determines appropriate if the sheriff determines that the conduct
482	482	alleged in the complaint is not within the scope of the collective
483	483	bargaining agreement, civil service rule, or sheriff's department
484	484	rule. The sheriff may not return a complaint deferred under this
485	485	section if:
486	486	(1) the sheriff disciplines the employee under the
487	487	collective bargaining agreement, civil service rule, or sheriff's
488	488	department rule for the conduct alleged in the sworn complaint; or
489	489	(2) the sheriff determines that the employee did not
490	490	commit the conduct alleged in the sworn complaint.
491	491	Sec. 161.157. RETALIATION AGAINST COUNTY EMPLOYEE
492	492	REPORTING VIOLATION OF ETHICS CODE PROHIBITED. (a) The county may
493	493	not suspend or terminate the employment of or take other adverse
494	494	action against a county employee who in good faith files a complaint
495	495	or otherwise reports to the commission, commission staff, or
496	496	another law enforcement authority a violation of the ethics code by
497	497	a person subject to the ethics code.
498	498	(b) The county may not suspend or terminate the employment
499	499	of or take other adverse action against a county employee who in
500	500	good faith participates in the complaint processing, preliminary
501	501	review, hearing, or any other aspect of the investigation and
502	502	resolution by the commission of an alleged violation of the ethics
503	503	code by a person subject to the ethics code.
504	504	(c) A commission created by a county under this chapter is a
505	505	part of the "local governmental entity" for purposes of Section
506	506	554.002, Government Code.
507	507	(d) An ethics code adopted by a commission pursuant to this
508	508	chapter is a "law" as defined by Section 554.001, Government Code.
509	509	Sec. 161.158. PRELIMINARY REVIEW: INITIATION. (a) The
510	510	standing preliminary review committee shall promptly conduct a
511	511	preliminary review on receipt of a written complaint that is in
512	512	compliance with the form requirements of Section 161.155.
513	513	(b) The standing preliminary review committee shall
514	514	determine in writing whether the commission has jurisdiction over
515	515	the violation of the ethics code provision alleged in a sworn
516	516	complaint processed under Section 161.156.
517	517	(c) If the standing preliminary review committee determines
518	518	that the commission has jurisdiction, the committee shall issue a
519	519	notice under Section 161.156(b) that must include:
520	520	(1) a statement that the commission has jurisdiction
521	521	over the violation alleged in the complaint;
522	522	(2) a statement of whether the complaint will be
523	523	processed as a Category One violation or a Category Two violation,
524	524	subject to reconsideration as provided for by Section 161.154;
525	525	(3) the date by which the respondent is required to
526	526	respond to the notice;
527	527	(4) a copy of the complaint and the rules of procedure
528	528	of the commission;
529	529	(5) a statement of the rights of the respondent;
530	530	(6) a statement inviting the respondent to provide to
531	531	the commission any information relevant to the complaint; and
532	532	(7) a statement that a failure to timely respond to the
533	533	notice will be treated as a separate violation.
534	534	(d) If the standing preliminary review committee determines
535	535	that the commission does not have jurisdiction over the violation
536	536	alleged in the complaint, the committee shall:
537	537	(1) dismiss the complaint; and
538	538	(2) not later than the 10th business day after the date
539	539	of the dismissal, send to the complainant and the respondent
540	540	written notice of the dismissal and the grounds for the dismissal.
541	541	Sec. 161.159. PRELIMINARY REVIEW: RESPONSE BY RESPONDENT.
542	542	(a) If the alleged violation is a Category One violation:
543	543	(1) the respondent must respond to the notice required
544	544	by Section 161.156(b) not later than the 10th business day after the
545	545	date the respondent receives the notice; and
546	546	(2) if the matter is not resolved by agreement between
547	547	the commission and the respondent before the 30th business day
548	548	after the date the respondent receives the notice under Section
549	549	161.156(b), the standing preliminary review committee shall set the
550	550	matter for a preliminary review hearing to be held at the next
551	551	committee meeting for which notice has not yet been posted.
552	552	(b) If the alleged violation is a Category Two violation:
553	553	(1) the respondent must respond to the notice required
554	554	by Section 161.156(b) not later than the 25th business day after the
555	555	date the respondent receives the notice under Section 161.156(b);
556	556	and
557	557	(2) if the matter is not resolved by agreement between
558	558	the commission and the respondent before the 75th business day
559	559	after the date the respondent receives the notice under Section
560	560	161.156(b), the standing preliminary review committee shall set the
561	561	matter for a preliminary review hearing to be held at the next
562	562	committee meeting for which notice has not yet been posted.
563	563	(c) A respondent's failure to timely respond as required by
564	564	Subsection (a)(1) or (b)(1) is a Category One violation.
565	565	(d) The response required by Subsection (a) or (b) must
566	566	include any challenge the respondent seeks to raise to the
567	567	commission's exercise of jurisdiction. In addition, the respondent
568	568	may:
569	569	(1) acknowledge the occurrence or commission of a
570	570	violation;
571	571	(2) deny the allegations contained in the complaint
572	572	and provide evidence supporting the denial; or
573	573	(3) agree to enter into an assurance of voluntary
574	574	compliance or other agreed order, which may include an agreement to
575	575	immediately cease and desist.
576	576	(e) If the standing preliminary review committee sets the
577	577	matter for a preliminary review hearing, the committee shall
578	578	promptly send to the complainant and the respondent written notice
579	579	of the date, time, and place of the preliminary review hearing.
580	580	Sec. 161.160. PRELIMINARY REVIEW: WRITTEN QUESTIONS.
581	581	During a preliminary review, the commission staff may submit to the
582	582	complainant or respondent written questions reasonably intended to
583	583	lead to the discovery of matters relevant to the investigation.
584	584	Sec. 161.161. PRELIMINARY REVIEW AND PRELIMINARY REVIEW
585	585	PROCEDURES. The commission shall adopt procedures for the conduct
586	586	of preliminary reviews and preliminary review hearings. The
587	587	procedures must include:
588	588	(1) a reasonable time for responding to questions
589	589	submitted by the commission and commission staff and subpoenas
590	590	issued by the commission; and
591	591	(2) the tolling or extension of otherwise applicable
592	592	deadlines where:
593	593	(A) the commission issues a subpoena and the
594	594	standing preliminary review committee's meeting schedule makes it
595	595	impossible both to provide a reasonable time for response and to
596	596	comply with the otherwise applicable deadlines; or
597	597	(B) the commission determines that, despite the
598	598	standing preliminary review committee's diligence and the
599	599	reasonable cooperation of the respondent, a matter is too complex
600	600	to resolve within the otherwise applicable deadlines without
601	601	compromising either the committee's investigation or the rights of
602	602	the respondent.
603	603	Sec. 161.162. PRELIMINARY REVIEW HEARING: PROCEDURE.
604	604	(a) The standing preliminary review committee shall conduct a
605	605	preliminary review hearing if:
606	606	(1) following the preliminary review, the standing
607	607	preliminary review committee and the respondent cannot agree to the
608	608	disposition of the complaint; or
609	609	(2) the respondent in writing requests a hearing.
610	610	(b) The standing preliminary review committee shall provide
611	611	written notice to the complainant and the respondent of the date,
612	612	time, and place the committee will conduct the preliminary review
613	613	hearing.
614	614	(c) At or after the time the standing preliminary review
615	615	committee provides notice of a preliminary review hearing, the
616	616	committee may submit to the complainant and the respondent written
617	617	questions and require those questions to be answered under oath
618	618	within a reasonable time. After receiving answers to any questions
619	619	submitted to the complainant under this subsection and before the
620	620	preliminary review hearing, the committee shall provide the
621	621	respondent both the questions and the answers to the questions
622	622	submitted by the complainant. This subsection may not be construed
623	623	to require a person to give evidence that violates the person's
624	624	right against self-incrimination under the United States
625	625	Constitution or the Texas Constitution.
626	626	(d) On the request of the respondent, the standing
627	627	preliminary review committee shall request that any information in
628	628	the possession or control of the complainant, including exculpatory
629	629	information, that is directly related to the complaint be provided
630	630	the respondent and the committee.
631	631	(e) During a preliminary review hearing, the standing
632	632	preliminary review committee:
633	633	(1) may consider all submitted evidence related to the
634	634	complaint;
635	635	(2) may review any documents or material related to
636	636	the complaint; and
637	637	(3) shall determine whether there is credible evidence
638	638	that provides cause for the committee to conclude that a violation
639	639	within the jurisdiction of the commission has occurred.
640	640	(f) During a preliminary review hearing, the respondent may
641	641	appear before the standing preliminary review committee with the
642	642	assistance of counsel, if desired by the respondent, and present
643	643	any relevant evidence, including a written statement.
644	644	Sec. 161.163. PRELIMINARY REVIEW HEARING: RESOLUTION.
645	645	(a) As soon as practicable after the completion of a preliminary
646	646	review hearing, the standing preliminary review committee by vote
647	647	shall issue a decision stating:
648	648	(1) whether there is credible evidence for the
649	649	committee to determine that a violation within the jurisdiction of
650	650	the commission has occurred and whether the violation is technical
651	651	or de minimis; or
652	652	(2) that there is insufficient evidence for the
653	653	committee to determine whether a violation within the jurisdiction
654	654	of the commission has occurred.
655	655	(b) If the standing preliminary review committee determines
656	656	that there is credible evidence for the committee to determine that
657	657	a violation has occurred, the committee shall resolve and settle
658	658	the complaint to the extent possible. If the committee
659	659	successfully resolves and settles the complaint, not later than the
660	660	10th business day after the date of the final resolution of the
661	661	complaint, the committee shall send to the complainant and the
662	662	respondent a copy of the order stating the committee's
663	663	determination and written notice of the resolution and the terms of
664	664	the resolution. If the committee is unsuccessful in resolving and
665	665	settling the complaint, the committee shall:
666	666	(1) order a formal hearing to be held in accordance
667	667	with Sections 161.164-161.167; and
668	668	(2) not later than the 10th business day after the date
669	669	of the order, send to the complainant and the respondent:
670	670	(A) a copy of the order;
671	671	(B) written notice of the date, time, and place
672	672	of the formal hearing;
673	673	(C) a statement of the nature of the alleged
674	674	violation;
675	675	(D) a description of the evidence of the alleged
676	676	violation;
677	677	(E) a copy of the complaint;
678	678	(F) a copy of the commission's rules of
679	679	procedure; and
680	680	(G) a statement of the rights of the respondent.
681	681	(c) If the standing preliminary review committee determines
682	682	that there is credible evidence for the committee to determine that
683	683	a violation within the jurisdiction of the commission has not
684	684	occurred, the committee shall:
685	685	(1) dismiss the complaint; and
686	686	(2) not later than the fifth business day after the
687	687	date of the dismissal, send to the complainant and the respondent a
688	688	copy of the order stating the committee's determination and written
689	689	notice of the dismissal and the grounds for dismissal.
690	690	(d) If the standing preliminary review committee determines
691	691	that there is insufficient credible evidence for the committee to
692	692	determine that a violation within the jurisdiction of the
693	693	commission has occurred, the commission may dismiss the complaint
694	694	or order a formal hearing under Sections 161.164-161.167. Not
695	695	later than the fifth business day after the date of the committee's
696	696	determination under this subsection, the committee shall send to
697	697	the complainant and the respondent a copy of the decision stating
698	698	the committee's determination and written notice of the grounds for
699	699	the determination.
700	700	Sec. 161.164. FORMAL HEARING: STANDARD OF EVIDENCE.
701	701	During a formal hearing, the commission shall determine by a
702	702	preponderance of the evidence whether a violation within the
703	703	jurisdiction of the commission has occurred.
704	704	Sec. 161.165. FORMAL HEARING: SUBPOENAS AND WITNESSES.
705	705	(a) A subpoena or other request to testify shall be served
706	706	sufficiently in advance of the scheduled appearance at a formal
707	707	hearing to allow a reasonable period, as determined by the
708	708	commission, for the person subpoenaed to prepare for the hearing
709	709	and to employ counsel if desired.
710	710	(b) Except as provided by Section 161.166(a)(1), the
711	711	commission may order that a person may not, except as specifically
712	712	authorized by the presiding officer, make public the name of a
713	713	witness subpoenaed by the commission before the date of that
714	714	witness's scheduled appearance.
715	715	(c) A witness may read a written statement or present a
716	716	brief oral opening statement at a formal hearing, subject to the
717	717	rules of evidence applicable to a contested case under Section
718	718	2001.081, Government Code.
719	719	(d) A person whose name is mentioned or who is identified or
720	720	referred to in testimony or in statements made by a commission
721	721	member, commission staff member, or witness and who reasonably
722	722	believes that the statement tends to adversely affect the person's
723	723	reputation may:
724	724	(1) request to appear personally before the commission
725	725	to testify in the person's own behalf; or
726	726	(2) file a sworn statement of facts relevant to the
727	727	testimony or statement that the person believes adversely affects
728	728	the person's reputation.
729	729	(e) A witness who testifies at a formal hearing must be
730	730	sworn.
731	731	Sec. 161.166. FORMAL HEARING: PROCEDURE. (a) Not later
732	732	than the fifth business day before the date of a scheduled formal
733	733	hearing or on the granting of a motion for discovery by the
734	734	respondent, the commission shall provide to the respondent:
735	735	(1) a list of proposed witnesses to be called at the
736	736	hearing;
737	737	(2) copies of all documents expected to be introduced
738	738	as exhibits at the hearing; and
739	739	(3) a brief statement as to the nature of the testimony
740	740	expected to be given by each witness to be called at the hearing.
741	741	(b) The respondent may not be compelled to give evidence or
742	742	testimony that violates the respondent's right against
743	743	self-incrimination under the United States Constitution or the
744	744	Texas Constitution.
745	745	(c) The commission shall adopt rules governing discovery,
746	746	hearings, and related procedures consistent with this chapter and
747	747	Chapter 2001, Government Code.
748	748	Sec. 161.167. FORMAL HEARING: RESOLUTION. (a) Not later
749	749	than the 30th business day after the date of the formal hearing, the
750	750	commission shall convene a meeting and by motion shall issue:
751	751	(1) a final decision stating the resolution of the
752	752	formal hearing; and
753	753	(2) a written report stating the commission's findings
754	754	of fact, conclusions of law, and recommendation of imposition of a
755	755	civil penalty, if any.
756	756	(b) Six members of the commission are required for a quorum
757	757	at a formal hearing.
758	758	(c) Not later than the 10th business day after the date the
759	759	commission issues the final decision and written report, the
760	760	commission shall:
761	761	(1) send a copy of the decision and report to the
762	762	complainant and to the respondent; and
763	763	(2) make a copy of the decision and report available to
764	764	the public during reasonable business hours.
765	765	Sec. 161.168. STATUS OF COMPLAINT. (a) The commission
766	766	shall keep an information file about each sworn or other complaint
767	767	filed with the commission. The file must include:
768	768	(1) the name of the person who filed the complaint;
769	769	(2) the date the complaint is received by the
770	770	commission;
771	771	(3) the subject matter of the complaint;
772	772	(4) the name of each person contacted in relation to
773	773	the complaint;
774	774	(5) a summary of the results of the review or
775	775	investigation of the complaint; and
776	776	(6) an explanation of the reason the file was closed,
777	777	if the commission closed the file without taking action other than
778	778	to investigate the complaint.
779	779	(b) The commission shall provide to the person filing the
780	780	complaint and to each person who is a subject of the complaint a
781	781	copy of the commission's policies and procedures relating to
782	782	complaint investigation and resolution.
783	783	(c) In addition to the notice required by Sections 161.156
784	784	and 161.167, the commission, at least quarterly until final
785	785	disposition of a complaint, shall notify the person who filed the
786	786	complaint and each person who is a subject of the complaint of the
787	787	status of the sworn complaint.
788	788	(d) The commission shall resolve a complaint within six
789	789	months of its receipt unless it makes a determination that
790	790	additional time is required to resolve the matter. On a
791	791	determination that additional time is required, the commission may
792	792	extend the investigation in three-month increments. Each extension
793	793	requires separate approval by the commission.
794	794	(e) If the commission does not resolve the matter within six
795	795	months or within an authorized extension, the complaint shall be
796	796	deemed to have been dismissed without prejudice.
797	797	Sec. 161.169. EXTENSION OF DEADLINE. The commission may,
798	798	on its own motion or on the reasonable request of a respondent,
799	799	extend any deadline for action relating to a sworn complaint,
800	800	preliminary review hearing, or formal hearing.
801	801	Sec. 161.170. SUBPOENA. (a) In connection with a formal
802	802	hearing, the commission, as authorized by this chapter, may
803	803	subpoena and examine witnesses and documents that directly relate
804	804	to a sworn complaint.
805	805	(b) In connection with a preliminary review, the
806	806	commission, for good cause and as authorized by this chapter, may
807	807	subpoena documents and witnesses on application by the commission
808	808	staff and a motion adopted by a vote of at least five members of the
809	809	commission, for the purpose of attempting to obtain from the
810	810	documents or witnesses specifically identified information, if the
811	811	commission reasonably believes that the specifically identified
812	812	information:
813	813	(1) is likely to be determinative as to whether the
814	814	subject of an investigation has violated a provision of the ethics
815	815	code;
816	816	(2) can be determined from the documents or is known by
817	817	the witnesses; and
818	818	(3) is not reasonably available through a less
819	819	intrusive means.
820	820	(c) The commission shall adopt procedures for the issuance
821	821	of subpoenas under this section.
822	822	(d) Section 2001.089, Government Code, applies to a
823	823	subpoena issued under this subchapter. On the request of the
824	824	respondent, the commission shall subpoena any information in the
825	825	possession or control of any person identified in the request,
826	826	including exculpatory information, that is directly related to the
827	827	complaint and provide the information to the respondent.
828	828	(e) A copy of a subpoena issued under this section must be
829	829	delivered to the respondent.
830	830	(f) At the written request of at least five members of the
831	831	commission, a peace officer shall serve a subpoena of the
832	832	commission in the manner prescribed for service of a district court
833	833	subpoena.
834	834	(g) If a person to whom a subpoena is directed refuses to
835	835	appear, refuses to answer inquiries, or fails or refuses to produce
836	836	books, records, or other documents that were under the person's
837	837	control when the demand was made, the commission shall report that
838	838	fact to a district court in the county. The district court shall
839	839	enforce the subpoena by attachment proceedings for contempt in the
840	840	same manner as the court enforces a subpoena issued by the court.
841	841	(h) A respondent has the right to quash a subpoena in a
842	842	district court in the county as provided by law.
843	843	(i) A subpoenaed witness who attends a commission hearing is
844	844	entitled to the same mileage and per diem payments as a witness who
845	845	appears before a grand jury. A person who provides subpoenaed
846	846	documents to the commission is entitled to reimbursement from the
847	847	commission for the person's reasonable cost of producing the
848	848	documents.
849	849	Sec. 161.171. STATUS OF COMPLAINANT. The complainant is
850	850	not a party to a preliminary review, preliminary review hearing, or
851	851	formal hearing under this subchapter.
852	852	Sec. 161.172. APPLICABILITY OF OTHER ACTS. (a) Except as
853	853	provided by Section 161.173(b), Chapter 552, Government Code, does
854	854	not apply to documents or any additional evidence relating to the
855	855	processing, preliminary review, preliminary review hearing, or
856	856	resolution of a sworn complaint.
857	857	(b) Chapter 551, Government Code, does not apply to the
858	858	processing, preliminary review, preliminary review hearing, or
859	859	resolution of a sworn complaint, but does apply to a formal hearing
860	860	held under Sections 161.164-161.167.
861	861	(c) Subchapters C-H, Chapter 2001, Government Code, apply
862	862	only to a formal hearing under this subchapter, the resolution of a
863	863	formal hearing, and the appeal of a final order of the commission,
864	864	and only to the extent consistent with this chapter.
865	865	Sec. 161.173. CONFIDENTIALITY; OFFENSE. (a) Except as
866	866	provided by Subsection (b), (c), or (m), proceedings at a
867	867	preliminary review hearing performed by the commission, a sworn
868	868	complaint, and documents and any additional evidence relating to
869	869	the processing, preliminary review, preliminary review hearing, or
870	870	resolution of a sworn complaint are confidential and may not be
871	871	disclosed unless entered into the record of a formal hearing or a
872	872	judicial proceeding, except that a document or statement that was
873	873	previously public information remains public information.
874	874	(b) An order issued by the commission after the completion
875	875	of a preliminary review or hearing determining that a violation
876	876	other than a technical or de minimis violation has occurred is not
877	877	confidential.
878	878	(c) Commission staff may, for the purpose of investigating a
879	879	sworn complaint, disclose to the complainant, the respondent, or a
880	880	witness information that is otherwise confidential and relates to
881	881	the sworn complaint if:
882	882	(1) the employee makes a good faith determination that
883	883	the disclosure is necessary to conduct the investigation;
884	884	(2) the employee's determination under Subdivision (1)
885	885	is objectively reasonable;
886	886	(3) the commission specifically authorizes the
887	887	disclosure; and
888	888	(4) the employee discloses only the information
889	889	necessary to conduct the investigation.
890	890	(d) A person commits an offense if the person intentionally:
891	891	(1) destroys, mutilates, or alters information
892	892	obtained under this chapter; or
893	893	(2) removes information obtained under this chapter
894	894	without permission as provided by this chapter.
895	895	(e) An offense under Subsection (d) is a misdemeanor
896	896	punishable by:
897	897	(1) a fine of not less than $25 or more than $4,000;
898	898	(2) confinement in the county jail for not less than
899	899	three days or more than three months; or
900	900	(3) both the fine and confinement.
901	901	(f) A person commits an offense if the person distributes
902	902	information considered confidential under the terms of this
903	903	chapter.
904	904	(g) A person who obtains access to confidential information
905	905	under this chapter commits an offense if that person knowingly:
906	906	(1) uses the confidential information for a purpose
907	907	other than the purpose for which the information was received or for
908	908	a purpose unrelated to this chapter, including solicitation of
909	909	political contributions or solicitation of clients;
910	910	(2) permits inspection of the confidential
911	911	information by a person who is not authorized to inspect the
912	912	information; or
913	913	(3) discloses the confidential information to a person
914	914	who is not authorized to receive the information.
915	915	(h) An offense under Subsection (f) or (g) is a misdemeanor
916	916	punishable by:
917	917	(1) a fine of not more than $1,000;
918	918	(2) confinement in the county jail for not more than
919	919	six months; or
920	920	(3) both the fine and confinement.
921	921	(i) If conduct that constitutes an offense under this
922	922	section also constitutes an offense under the Penal Code, including
923	923	under Section 37.10 or 39.06 of that code, the person may be
924	924	prosecuted under this section or the Penal Code, as applicable.
925	925	(j) A violation under this section constitutes official
926	926	misconduct.
927	927	(k) In addition to other penalties, the respondent may
928	928	commence a civil action for damages on the respondent's own behalf
929	929	against any person who is alleged to have disclosed information
930	930	made confidential by this subchapter. Any action under this
931	931	chapter must be brought in a district court in the county. The
932	932	court may award costs and attorney's fees.
933	933	(l) A county employee is subject to discipline, including
934	934	termination of employment, for disclosing confidential information
935	935	under this chapter.
936	936	(m) The commission may disclose confidential information in
937	937	making a referral to a prosecuting attorney concerning an offense
938	938	under this section.
939	939	(n) A county employee who discloses confidential
940	940	information in compliance with Subsection (c) or (m) is not subject
941	941	to Subsections (d)-(l).
942	942	Sec. 161.174. AVAILABILITY OF COMMISSION ORDERS ON
943	943	INTERNET. (a) As soon as practicable following a preliminary
944	944	review, preliminary review hearing, or formal hearing at which the
945	945	commission determines that a person has committed a violation
946	946	within the commission's jurisdiction, the commission shall make
947	947	available on the Internet:
948	948	(1) a copy of the commission's order stating the
949	949	determination; or
950	950	(2) a summary of the commission's order.
951	951	(b) This section does not apply to a determination of a
952	952	violation that is technical or de minimis.
953	953	[Sections 161.175-161.200 reserved for expansion]
954	954	SUBCHAPTER E. ENFORCEMENT
955	955	Sec. 161.201. ORDER. The commission may:
956	956	(1) issue and enforce a cease and desist order to stop
957	957	a violation;
958	958	(2) issue an affirmative order to require compliance
959	959	with the laws administered and enforced by the commission; and
960	960	(3) issue an order of public censure with or without a
961	961	civil penalty imposed under Section 161.202.
962	962	Sec. 161.202. CIVIL PENALTY FOR DELAY OR VIOLATION.
963	963	(a) The commission may impose a civil penalty of not more than $500
964	964	for each delay in complying with a commission order.
965	965	(b) The commission may impose a civil penalty of not more
966	966	than $4,000 for a violation of the ethics code adopted by the
967	967	commission.
968	968	(c) A penalty paid under this section shall be deposited to
969	969	the credit of the general fund of the county.
970	970	(d) This section is cumulative of any other available
971	971	sanctions under this chapter.
972	972	Sec. 161.203. WAIVER OR REDUCTION OF PENALTY. (a) A
973	973	person may request the waiver or reduction of a civil penalty by
974	974	submitting an affidavit to the commission that states the filer's
975	975	reasons for requesting a waiver or reduction.
976	976	(b) The commission may waive or reduce a civil penalty if
977	977	the commission finds that a waiver or reduction is in the public
978	978	interest and in the interest of justice. The commission shall
979	979	consider the following before acting to waive or reduce a civil
980	980	penalty:
981	981	(1) the facts and circumstances supporting the
982	982	person's request for a waiver or reduction;
983	983	(2) the seriousness of the violation, including the
984	984	nature, circumstances, consequences, extent, and gravity of the
985	985	violation, and the amount of the penalty;
986	986	(3) any history of previous violations by the person;
987	987	(4) the demonstrated good faith of the person,
988	988	including actions taken to rectify the consequences of the
989	989	violation;
990	990	(5) the penalty necessary to deter future violations;
991	991	and
992	992	(6) any other matter that justice may require.
993	993	(c) After hearing the waiver request, the commission may
994	994	affirm, reduce, or waive the civil penalty.
995	995	Sec. 161.204. NOTIFICATION OF REGULATORY OR SUPERVISORY
996	996	ENTITY. The commission may notify the appropriate regulatory or
997	997	supervisory entity, including any agency, the State Commission on
998	998	Judicial Conduct, or the State Bar of Texas, of a violation of the
999	999	ethics code adopted by the commission.
1000	1000	Sec. 161.205. CIVIL PENALTY FOR FRIVOLOUS OR BAD-FAITH
1001	1001	COMPLAINT. (a) The commission may impose a civil penalty of not
1002	1002	more than $4,000 for the filing of a frivolous or bad-faith
1003	1003	complaint. In this subsection, "frivolous complaint" means a
1004	1004	complaint that is groundless and brought in bad faith or is
1005	1005	groundless and brought for the purpose of harassment.
1006	1006	(b) In addition to other penalties, the respondent may
1007	1007	commence a civil action on the respondent's own behalf against any
1008	1008	person who filed a frivolous complaint against the respondent. Any
1009	1009	action under this chapter shall be brought in a district court in
1010	1010	the county. The court may award costs and attorney's fees.
1011	1011	(c) A person may file a sworn complaint with the commission,
1012	1012	in accordance with Section 161.155, alleging that a complaint
1013	1013	relating to that person filed with the commission is frivolous or
1014	1014	brought in bad faith. A complaint may be filed under this
1015	1015	subsection without regard to whether the complaint alleged to be
1016	1016	frivolous or brought in bad faith is pending before the commission
1017	1017	or has been resolved. The commission shall act on a complaint made
1018	1018	under this subsection as provided by Subchapter D.
1019	1019	Sec. 161.206. FACTORS CONSIDERED FOR ASSESSMENT OF
1020	1020	SANCTION. The commission shall consider the following factors in
1021	1021	assessing a sanction:
1022	1022	(1) the seriousness of the violation, including the
1023	1023	nature, circumstances, consequences, extent, and gravity of the
1024	1024	violation;
1025	1025	(2) the history and extent of previous violations;
1026	1026	(3) the demonstrated good faith of the violator,
1027	1027	including actions taken to rectify the consequences of the
1028	1028	violation;
1029	1029	(4) the penalty necessary to deter future violations;
1030	1030	and
1031	1031	(5) any other matters that justice may require.
1032	1032	Sec. 161.207. APPEALS. (a) A respondent may appeal the
1033	1033	decision by filing a petition in a district court in the county
1034	1034	within 30 days after the date of the decision.
1035	1035	(b) An appeal brought under this section is not limited to
1036	1036	questions of law, and the substantial evidence rule does not apply.
1037	1037	The action shall be determined by trial de novo. The reviewing
1038	1038	court shall try all issues of fact and law in the manner applicable
1039	1039	to other civil suits in this state but may not admit in evidence the
1040	1040	fact of prior action by the commission or the nature of that action,
1041	1041	except to the limited extent necessary to show compliance with
1042	1042	statutory provisions that vest jurisdiction in the court. A party
1043	1043	is entitled, on demand, to a jury determination of any issue of fact
1044	1044	on which a jury determination is available in other civil suits in
1045	1045	this state.
1046	1046	(c) If the district court renders judgment for the
1047	1047	petitioner, and the petitioner is a county employee, the court may
1048	1048	order reinstatement of the county employee, payment of back pay, or
1049	1049	other appropriate relief.
1050	1050	(d) If the district court renders judgment for the
1051	1051	petitioner, the court may order appropriate relief, including costs
1052	1052	and attorney's fees.
1053	1053	Sec. 161.208. DELIVERY OF RECORD TO REVIEWING COURT.
1054	1054	(a) After service of the petition on the commission and within the
1055	1055	time permitted for filing an answer or within additional time
1056	1056	allowed by the court, the commission shall send to the reviewing
1057	1057	court the original or a certified copy of the entire record of the
1058	1058	proceeding under review.
1059	1059	(b) The record shall be filed with the clerk of the court.
1060	1060	The record may be shortened by stipulation of all parties to the
1061	1061	review proceedings. The court may assess additional costs against
1062	1062	a party who unreasonably refuses to stipulate to limit the record,
1063	1063	unless the party pays all costs of record preparation.
1064	1064	(c) The court may require or permit later corrections or
1065	1065	additions to the record.
1066	1066	Sec. 161.209. COST OF PREPARING COMMISSION RECORD.
1067	1067	(a) The commission may require a party who appeals a final
1068	1068	decision under Section 161.207 to pay one-half of the cost of
1069	1069	preparation of the original or a certified copy of the record of the
1070	1070	commission proceeding that is required to be sent to the reviewing
1071	1071	court.
1072	1072	(b) A charge imposed under this section is a court cost and
1073	1073	may be assessed by the court in accordance with the Texas Rules of
1074	1074	Civil Procedure.
1075	1075	Sec. 161.210. COLLECTIONS. The county attorney may collect
1076	1076	a fine or other penalty imposed by the commission under this chapter
1077	1077	in the same manner as provided for the collection of a debt owed to
1078	1078	the county.
1079	1079	[Sections 161.211-161.300 reserved for expansion]
1080	1080	SUBCHAPTER F. DISSOLUTION OF COMMISSION
1081	1081	Sec. 161.301. PETITION FOR DISSOLUTION OF COMMISSION. If,
1082	1082	after an ethics commission created pursuant to Section 161.052 has
1083	1083	been in effect for at least one year, 10 percent of the qualified
1084	1084	voters of the county petition the commissioners court to dissolve
1085	1085	the commission, the commissioners court shall call an election to
1086	1086	determine whether the commission will be dissolved.
1087	1087	Sec. 161.302. DISSOLUTION ELECTION. (a) An election under
1088	1088	this subchapter must be held in the manner provided for an election
1089	1089	to create a county ethics commission.
1090	1090	(b) The ballot for the election shall be printed to provide
1091	1091	for voting for or against the proposition: "Dissolution of the
1092	1092	county ethics commission."
1093	1093	Sec. 161.303. DISSOLUTION OF COMMISSION. If the
1094	1094	proposition is approved by a majority of the qualified voters
1095	1095	voting at the election, the commissioners court shall declare the
1096	1096	result and by order dissolve the ethics commission. A copy of the
1097	1097	order dissolving the commission shall be placed in the minutes of
1098	1098	the court's proceedings.
1099	1099	Sec. 161.304. SAVING PROVISIONS. The dissolution of a
1100	1100	county ethics commission under this subchapter does not affect:
1101	1101	(1) the prior operation of the ethics code adopted by
1102	1102	the commission or any prior action taken under it; or
1103	1103	(2) any penalty, forfeiture, or punishment incurred
1104	1104	for a violation of the ethics code before the effective date of the
1105	1105	dissolution.
1106	1106	SECTION 2. This Act takes effect September 1, 2009.
1107	1107	______________________________ ______________________________
1108	1108	President of the Senate Speaker of the House
1109	1109	I hereby certify that S.B. No. 1368 passed the Senate on
1110	1110	April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
1111	1111	the Senate concurred in House amendments on May 29, 2009, by the
1112	1112	following vote: Yeas 31, Nays 0.
1113	1113	______________________________
1114	1114	Secretary of the Senate
1115	1115	I hereby certify that S.B. No. 1368 passed the House, with
1116	1116	amendments, on May 26, 2009, by the following vote: Yeas 135,
1117	1117	Nays 4, one present not voting.
1118	1118	______________________________
1119	1119	Chief Clerk of the House
1120	1120	Approved:
1121	1121	______________________________
1122	1122	Date
1123	1123	______________________________
1124	1124	Governor